Homicide is a criminal offense that carries the potential for the most severe consequences available under the law. A murder conviction can result in life imprisonment or, in appropriate circumstances, the death penalty. As not only your freedom but your life may be at stake, you should obtain the assistance of an aggressive Omaha murder lawyer.
A proactive criminal defense lawyer from Berry Law could investigate the matter further to develop a more effective defense on your behalf. Working with legal counsel can give you the best chance of reaching the most positive resolution in your case.
First-Degree Murder in Omaha
According to Neb. Rev. Stat. § 28-302, homicide refers to the killing of someone who was alive at the time of the criminal act. Under Nebraska law, there are two separate degrees of murder. First-degree murder occurs when an individual kills someone under the following circumstances:
- Purposely with premeditated malice
While committing or attempting to commit first-degree sexual assault, arson, robbery, kidnapping, hijacking, or burglary
First-degree murder is either a Class I or Class IA felony under Nebraska law. The level of the felony charge depends on the existence of aggravating and mitigating factors.
A conviction for a Class I felony under Neb. Rev. Stat. § 28-105 could result in a death sentence. For a Class IA felony conviction, the penalty may be life in prison. Due to the severity of these repercussions, getting representation from a murder lawyer in Omaha may be essential to building a strong defense.
Under Neb. Rev. Stat. § 28-304, second-degree murder occurs when someone intentionally causes the death of another, but without premeditation. Premeditation refers to deciding or planning to do something before it happens. Therefore, a second-degree murder case typically would include evidence that a person intentionally killed someone, but they did so without any planning in advance.
Second-degree murder is a Class IB felony offense. A conviction for a Class IB felony offense can result in a minimum of 20 years of imprisonment and a maximum life prison sentence. Because of the severity of these penalties, it is critical to work with a proven Omaha murder lawyer when facing these charges.
Other Homicide Offenses
Nebraska law includes other homicide offenses that still have the potential to result in harsh penalties, but are less severe than those for first and second-degree murder. For example, under Neb. Rev. Stat. § 28-305, manslaughter refers to killing others without malice due to a sudden altercation or incident or unintentionally causing the death of others while committing an illegal act.
Manslaughter is a Class IIA felony under Nebraska law. A conviction for a Class IIA felony can result in a maximum prison sentence of 20 years. However, there is no minimum sentence of imprisonment for a manslaughter conviction.
Contact an Omaha Murder Attorney Today
The consequences for a murder conviction are so grave that they are likely to alter the course of your life and reshape your future. Fight back against murder charges by enlisting the help of a skilled Omaha murder lawyer today. To learn more, reach out to Berry Law for a confidential case evaluation.